The URL can be used to link to this page

Home My WebLink AboutZBA-10/04/2012 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, OCTOBER 4, 2012 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday October 4, 2012 commencing at 9:00 A.M. Present were: Leslie Kanes Weisman, ChairpersonfMember Gerard P. Goehringer, Vice Chairperson/Member Ken Schneider, Member George Horning, Member James Dinizio, Member Vicki Toth, ZBA Secretary Absent was: Jennifer Andaloro, Asst. Town Attorney 9:09 A.M. Chairperson Weisman called the meeting to order. The Board proceeded with the first item on the Agenda as follows: DELIBERATIONS/POSSIBLE DECISION: The Board commenced deliberations on the following application. The original determination of the following application as decided is filed with the Southold Town Clerk: APPROVED AS APPLIED DENISE GEIS #6579 CONDITIONAL APPROVAL MARY. R. FRAUSTO #6590 Page 2 - Minutes Regular Meeting hold October 4, 2012 Southold Town Zoning Board of Appeals Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to declare the following Declarations with No Adverse Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional]lot waiver/accessory apartment/bed and breakfast requests): SOLUTION EAST LLC #6595 DANIEL McGOVERN #6599 JOHN PITMAN #6594 RENEE PONCET-FITZPATRICK #6596 RICHARD DOWNING #6593 PATRICIA WALKER #6597 PAUL A. and ELIZABETH L. REINCKENS #6598 Vote of the Board: All. This resolution was duly adopted (5-0). PUBLIC HEARINGS: The following public hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 9:35 A.M. - SOLUTION EAST LLC #6595 by Jody Giglio, Agent; Charles Kitz, owner and Cheryl Bondachuk, neighbor. Request for Variances from Article XXIII Code Section 280-124, based on an application for building permit and the Building Inspector's August 9, 2012, amended August 30, 2012 Notice of Disapproval concerning proposed addition and alteration to a single family dwelhng, at; 1) less than the code required front yard setback of 35 feet for both front yards on this corner lot, 2) more than the code permitted lot coverage of 20% maximum; located at: 1060 Second Street (corner King Street) New Suffolk, NY. SCTM #1000-117-7-25. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing subject to receipt of existing lot coverage; survey showing relocation of shower and clarification of asbestos removal. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:51 A.M. - DANIEL McGOVERN #6599 by Daniel McGovern, owner. Request for Variances from Article XXII Code Section 280-116(B) and Article XXIII Section 280- 124 based on an application for building permit and the Building Inspector's May 9, 2012, amended September 6, 2012 Notice of Disapproval for deck addition to single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the minimum side yard setback of 10 feet, located at: 830 Oak Avenue (adj. to unnamed Street & Goose Creek) Southold, NY. SCTM #1000-77-1-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, Page 3 - Minutes Regular Meeting held October 4, 2012 Southold Town Zoning Board of Appeals seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:06 A.M. - ALAN FIDELLOW #6578 by Patricia Moore, Esq., and Bruce Anderson (SEC) agent. (Re-opened by Resolution necessitated by an amended Notice of Disapproval) Request for Variances from Article XXII Code Section 280-116(B) and Article IV Section 280-18 based on an application for building permit and the Building Inspector's February 17, 2012, amended August 16, 2012 Notice of Disapproval for partial demolition, reconstruction and addition to single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the minimum side yard setback of 15 feet, 3) less than the combined total side yards of 35 feet, located at: 4030 Great Peconic Bay Blvd., (adj. to Great Peconic Bay) Laurel, NY. SCTM #1000- 128-6-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dinizio, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 10:41 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. 10:51 A.M. Motion was offered by Chairperson Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. PUBLIC HEARINGS (continued): The following pubhc hearings were held, with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:51 A.M. - JOHN PITMAN #6594 by Bruce Anderson, agent. Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 7, 2012 Notice of Disapproval based on an application for building permit for demolition and construction of a new single family dwelling at: 1) less than the code required combined side yard setbacks of 25 feet, located at: 1100 Ruch Lane (adj. to Hashamomuck Pond) Greenport, NY. SCTM #1000-52-2-34 & 1000-52-3-11 (both parcels are considered one lot). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered bv Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:07 A.M - RENEE PONCET-FITZPATRICK #6596 by Tom Samuels, agent. Request for Variance from Article III Section 280-15 and the Building Inspector's August 27, 2012 Notice of Disapproval based on an application for building permit for addition to a single family dwelling at: 1) upon construction of the addition to the dwelling the legally existing in-ground swimming pool will be located in a location other than the code required rear yard (side yard), located at: 415 Wiggins Lane (corner Wiggins lane) Greenport, NY. SCTM #1000-35-5-40.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held October 4, 2012 Southold Town Zoning Board of Appeals 11:10 A.M. - RICHARD DOWNING #6593 by Mark Schwartz, agent. Re quest for Variances from Article XXIII Section 280-124 and the Building Inspector's June 26, 2012 Notice of Disapproval based on an application for building permit for demolition and re-construction of a new single family dwelling at: 1) less than the code-required minimum side yard setback of 15 feet; 2) less than the code required combined side yard setbacks of 35 feet, located at: 1280 Bayberry Road (adj. to a Lagoon) Cutchogue, NY. SCTM #1000-118-2-10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing subiect to receipt of foundation plan. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 11:24 A.M. - PATRICIA WALKER #6597 by Patricia Walker, owner. Request for Variance from Article XXIII Section 280~124 and the Building Inspector's August 21, 2012 Notice of Disapproval based on an application for building permit for addition and alteration to a single family dwelling at: 1) less than the code required total combined side yard setbacks of 25 feet, located at: 1020 Ruch Lane (adj. to Hashamomuck Pond) Greenport, NY. SCTM #1000-52-2-33.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). 11:31 A.M. - PAUL A. and ELIZABETH L. REINCKENS #6598 by Elizabeth Reinckens, owner. Request for Variances under Article IV Section 280-18 and the Building Inspector's August 27, 2012 Notice of Disapproval based on an application for building permit for a subdivision, at: Proposed Lot 1: 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required lot width of 150 linear ft., and Proposed Lot 2; 1) at less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required lot width of 150 linear ft.; located at: 955 & 1065 Hummel Avenue Southold, NY. SCTM #'s-1000-63-2-25 & 26. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). RESOLUTIONS A. Reminder: The Chairperson confirmed the next Special Meeting date of October 18, 2012 at 5:00 PM. RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Goehringer to set the next Regular Meeting with Public Hearings to be held November 1, 2012 at 8:30 AM. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). C. RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by Page 5 - Minutes Regular Meeting held October 4, 2012 Southold Town Zoning Board of Appeals Member Dinizio, to approve minutes from Special Meeting held September 20, 2012. Vote of the Board: Aves: All. This Resolution was duly adopted (3-0). Chairperson Weisman and Member Schneider recused themselves due to being absent for Special Meeting. WORK SESSION: A. Discussion: De Minimus Request ZBA #6550 Kimogenor Point (Bingham). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dinizio to reopen and set for public hearing on November 1, 2012 at 10:00 a.m. ZBA #6550 Kimogenor Point (Bingham) for the sole purpose of addressing proposed construction process for foundation change due to FEMA requirement. Vote of the Board: Aves: All. This Resolution was duly adopted (5-0). B. Requests from Board Members for future agenda items: draft responsibilities. There being no other business properly coming before the Board at this time, Chairperson declared the meeting adjourned. The meeting was adjourned at 12:01 P.M. Re sp ect ful]ey~ub mitre d, Vicki Toth ]~) //~2012 Includ~edJ;~Reference: Filed ZBA Deciaions (2) Weisman, Chairperson]O//~/2012 Leslie Kanes Approved for Filing Resolution Adopted